The Veteran's appeal is denied as his service-connected radiculopathy of the left lower extremity does not warrant a disability rating in excess of 40 percent from January 24, 2013. Additionally, his TDIU claim was also denied.
The deciding factor: The evidence did not meet the criteria for a higher disability rating under Diagnostic Code 8520 (sciatic nerve paralysis) as there is no indication of moderately severe or more severe incomplete paralysis from January 24, 2013. The Veteran's TDIU claim was also denied due to lack of sufficient evidence showing that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- r radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2013
- Citation
- 1335180
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1335180.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted earlier effective dates of December 19, 2016 for service connection of radiculopathy of the left and right lower extremities.
- Dismissed
The Veteran's appeals for increased disability ratings and special monthly compensation were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during their pendency.
- Remanded (sent back)
The Veteran's claims for increased ratings for lumbar spine degenerative arthritis and radiculopathy of the left lower extremity, as well as his claim for TDIU, are being remanded due to inadequate examination reports and incomplete records.
- Remanded (sent back)
The Board has remanded the case due to inadequate opinion regarding the Veteran's left leg condition, including radiculopathy of the left lower extremity. The Veteran is required to undergo a VA examination to provide an addendum opinion on the nature and etiology of his left leg condition.
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